THE OFFICIAL PROCEEDINGS OF THE REGULAR GERING CITY COUNCIL MEETING, JUNE 28, 2004
A regular meeting of the Gering City Council of Gering, Nebraska was held in open session at 7:00 p.m. on June 28, 2004. Present were Mayor Lehl and Councilmembers Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. Also present were Interim City Administrators Richter and Sweeney and City Attorney Ellison. Notice of the meeting was given in advance by publication in the Gering Courier, the designated method of giving notice, the proof of publication being attached to these minutes as page 10426. Availability of the agenda was communicated in advance to the media, Mayor and Councilmembers. All proceedings hereafter were taken while the meeting was open to the attendance of the public except as otherwise indicated.
CALL TO ORDER
Mayor Lehl called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited.
CORRESPONDENCE AND CITIZENS WITH BUSINESS NOT SCHEDULED ON THE AGENDA
Mayor Lehl inquired if there were any correspondence or citizens present with business not scheduled on the agenda and there were none. She thanked the council and staff for their time and involvement in the hiring process for a City Administrator last weekend.
PUBLIC HEARING TO AMEND PARKING REGULATIONS
Mayor Lehl declared the public hearing open at 7:02 p.m. to amend Article 10, Section 10.1201 Parking Regulations of the Zoning Regulations. City Engineer Sweeney reviewed the sections that were amended and explained they were amended to allow parking of recreation-type vehicles and boats and trailers not only in the rear yard but along the streets, driveway and on pavement or rock surfaces. There being no further comments, the public hearing was declared closed at 7:03 p.m.
ORDINANCE NO. 1762
AN ORDINANCE PROVIDING FOR AND REGULATING THE PARKING OF MAJOR RECREATIONAL EQUIPMENT; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Gibbs, which motion was seconded by Councilmember Koob. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.
PUBLIC HEARING FOR AGRICULTURAL ESTATE DWELLING SITE
Mayor Lehl declared the public hearing open at 7:05 p.m. for the subdivision plat for Daniels-Koval Agricultural Estate Dwelling Site. City Engineer Sweeney reviewed the plat and suggested that it be approved upon certifying the conditions by the County Health Director regarding the sewer system. He suggested it not be filed until the certification is received from the County Health Director. There being no further comments, the public hearing was closed at 7:06 p.m.
RESOLUTION 6-04-5
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF GERING, NEBRASKA, THAT:
The final plat is hereby approved for a tract of land situated in the Northeast Quarter of the Southeast Quarter of Section 13, Township 21 North, Range 55 West of the 6th P.M., Scottsbluff County, Nebraska, to be known as Daniels-Koval Agricultural Estate Dwelling Site, containing an area of 5.48 acres, more or less.
Councilmember Doll introduced the resolution and moved its adoption.
Motion was seconded by Councilmember Hehnke. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll, and McFarland. “NAY”: None. Absent: None.
Whereupon the Mayor declared said Motion carried and Resolution passed.
IN WITNESS WHEREOF, I have hereunto set my hand officially and affix the seal of said City this 28th day of June, 2004.
/s/Starr Lehl, Mayor
ATTEST:
/s/Pamela K. Richter, City Clerk
GOLF COURSE MOWER BIDS
Park and Recreation Director Ron Ernst reviewed the four bids that were received on June 16, 2004 for the mower for the golf course. The recommendation was to accept the low bid from Colorado General Equipment Company in the amount of $38,162. Councilmember Morrison inquired about the specifications regarding the horsepower of the mower and if they were met and it was explained that all the mowers met and exceeded the horsepower specifications. She also inquired about buying a mower during the peak season and it was explained that the mowers were brought here and demonstrated and it would be more difficult to demonstrate them in the winter. The different types and brands of mowers that were included in the bid were discussed. Councilmember McFarland moved and Wineman seconded to accept the bid from Colorado General Equipment Company for the golf course mower in the amount of $38,162. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll, and McFarland. “NAY”: None. Absent: None.
APPOINT CITY ADMINISTRATOR
Councilmember Wineman inquired about the background checks that were done on the City Administrator applicant, Jon Morrison. It was explained that Councilmember Gibbs directed Police Chief Griggs to do a background and he did one and didn’t find results.
The hiring policy and the requirements for reference checks made by the Selection Committee were discussed. It was indicated that references were called on other candidates, but calls were not made on Mr. Morrison. It was also mentioned that the background check was to be done by visiting communities of the applicant and that had not been followed through with.
Mayor Lehl indicated that Councilmembers Wineman and Morrison had developed a form to call references and references were called on everyone except Mr. Morrison who had provided several letters of reference with his resume application. The references who wrote letters were not contacted and a list of other references was not provided by Mr. Morrison until the day of the interview. Councilmember Wineman said a release form was not provided or signed on the day that they were making reference calls and she felt that it would be illegal to call if they did not have a release.
Councilmembers indicated they had made individual calls regarding the candidates before the interviews.
Derek Weimer, representing the City Attorney’s office, was asked about an opinion to make reference calls without a signed release. He indicated he was not familiar with the City’s hiring policy or procedure and he was not in a position to offer an opinion, but felt that someone could make an informal call to check on a reference of an applicant.
Councilmember Blaha inquired about the contract with the City Administrator and one not being signed before he begins work on July 6th. Mayor Lehl indicated that a contract was being negotiated by she and Council President Gibbs with Mr. Morrison.
The City Council not taking formal action to hire someone at their meeting after the interviews was discussed. It was reported that a consensus was formed on who the top candidate would be, but an actual vote was not taken. The staff was excused from the end of the meeting and a formal vote was not recorded. It was reported that with previous hiring, the appointment was made and the contract was approved at a following meeting. The issue of voting on hiring an administrator after the interviews was discussed. Derek Weimer, representing the City Attorney’s office, indicated that the agenda advertised the appointment of Jon Morrison as City Administrator, and he felt that was the only action that could be taken. They could not back up and take action that may or may not have occurred at a previous meeting.
After discussing the committee members making reference calls and following the hiring policy, it was decided to have a special meeting on July 2, 2004 to review references after calls have been made by the committee to appoint a City Administrator and approve a contract. The meeting will be at 8:00 a.m., Friday, July 2, 2004.
Councilmember Gibbs suggested that the hiring policy and procedures be reviewed and updated.
The matter of having enough time to advertise the meeting was discussed and Kevin Mooney suggested it could be advertised on the radio, but there was time to get it in the newspaper for a Friday meeting date.
Councilmember Blaha moved and McFarland seconded to table the issue of appointing Jon Morrison as City Administrator until a special meeting on Friday, July 2, 2004 at 8:00 a.m. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll, and McFarland. “NAY”: None. Absent: None.
SOCCER TOURNAMENT SPONSORSHIP
Mayor Lehl explained that a soccer tournament was being planned to be held in Gering but it was decided that it be moved to Scottsbluff because of insurance issues. The City was represented by Pat Heath and he indicated that the decision had already been made for the tournament to be moved to Scottsbluff. Mayor Lehl indicated that since the City could not provide the coverage needed that we could have considered purchasing the insurance for the group.
It was suggested that the tournament be encouraged to be held in Gering next year and that Keno funds would be a possible funding source for the cost of the insurance.
ORDINANCE 1763 REGARDING DEFINITIONS OF MOBILE AND MOTOR HOME
Police Chief Griggs reported that Ordinance No. 1763 amended Title 5, Chapter 4 of the City Code regarding definitions and specifically clarified the difference between a mobile and a motor home.
ORDINANCE NO. 1763
AN ORDINANCE AMENDING TITLE V, CHAPTER 4 OF THE GERING MUNICIPAL CODE DELETING DESCRIPTION OF MOTOR HOMES AS MOBILE HOMES FROM DEFINITIONS; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Morrison, which motion was seconded by Councilmember Hehnke. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.
Ordinance No. 1764 and Ordinance No. 1765 were discussed regarding obstruction of public ways and regulating the parking of motor vehicles, trailers, trailers with boats and recreation vehicles. Police Chief Griggs reviewed the issue of recreation vehicles, trailers and vehicles of the like being parked on the street and the 24 hour limit being able to being violated. He also reviewed the obstruction of the public ways and the regulations regarding parking distances from driveways, intersections and parking around your immediate property.
It was reported that the Public Safety Committee had met to form the ordinance and it is not similar to Scottsbluff’s. It is more restrictive. Councilmember Blaha reported the Public Safety Committee reviewed appearance, safety and enforcement of the ordinance. The width of vehicles defined in the ordinance and them being parked along the street was discussed.
ORDINANCE NO. 1764
AN ORDINANCE AMENDING TITLE VI, CHAPTER 1 OF THE GERING MUNICIPAL CODE REGULATING THE OBSTRUCTION OF PUBLIC WAYS; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Koob, which motion was seconded by Councilmember Morrison. On roll call vote, the following voted “AYE”: Blaha, Wineman, Koob, Morrison, Doll and McFarland. “NAY”: Gibbs and Hehnke. Absent: None.
ORDINANCE NO. 1765
AN ORDINANCE AMENDING TITLE X, CHAPTER 6 OF THE GERING MUNICIPAL CODE PROVIDING FOR AND REGULATING THE PARKING OF MOTOR VEHICLES, TRAILERS, TRAILERS WITH BOATS, AND RECREATIONAL VEHICLES; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Koob, which motion was seconded by Councilmember Morrison. On roll call vote, the following voted “AYE”: Blaha, Wineman, Koob, Morrison, Doll and McFarland. “NAY”: Gibbs and Hehnke. Absent: None.
ORDINANCE NO. 1766
AN ORDINANCE OF THE CITY OF GERING, NEBRASKA PROVIDING FOR THE SALE OF LOT 2, BLOCK 2, AND BLOCK 3, GERING FOURTH INDUSTRIAL TRACTS, GERING, NEBRASKA; PROVIDING FOR THE EXECUTION OF A DEED OF CONVEYANCE, THE TERMS OF SAID SALE AND FOR PUBLICATION was moved by Councilmember Morrison, which motion was seconded by Councilmember Hehnke. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.
CONSENT AGENDA
Councilmember Wineman moved and Morrison seconded to:
1. Approve the minutes of the June 14, 2004 regular city council meeting;
2. Approve roster for the Gering Volunteer Fire Department;
3. Approve Agreement of Understanding with Scotts Bluff County for Bill Wineman to serve as the Chief Health Officer of the Gering Plumbing Board; and
4. Claims having been audited, they were approved as follows: Payroll (ended 6/22/04) 82,706.81; City Payroll Trust, 19,133.47 Payroll Withholding; Internal Revenue Service, 26,593.26 Payroll Taxes; Meat Shoppe, 2,692.31 Mgmt Contract-Civic Center; NE Child Support Payment Center, 528.87 Payroll Withholding; Nebraska Department of Revenue, 191.64 Tax/Sup; SCB Federal Credit Union, 1,094.46 Payroll Withholding; Western Heritage Credit Union, 240.00 Payroll Withholding; Airgas Intermountain Inc., 28.25 Maint/Equip; Alco Store #215, 16.71 Sup; All-Star Entertainment Inc., 1,100.00 Entertainment Cost; Alltel, 830.29 Comm; Atco International, 156.00 Matls; B & C Steel, 54.14 Sup; Dan Beam, 355.24 Golf Membership Refund; Bluffs Sanitary Supply, 542.25 Sup; Broadway Office Centre, 1,014.62 Office Sup; Budget Tire & Service, 24.00 Maint;
Henry Buhr, 36.70 Schools/Conf; Burmeister Electric Company, 915.92 Matls; Canon Financial Services, Inc., 160.00 Oper Sup; Capital Business Systems, Inc., 300.00 Maint; Carquest Auto Parts Stores, 5.56 Equip Maint; Carriage House Inn, 411.50 Schools/Conf; Cash-Wa Distributing, 368.45 Sup; Christian Media Incorporated, 250.00 Advertising; City Abstract Co., 163.00 Svcs; City of Scottsbluff, 666.00 Maint/Sup; City of Scottsbluff-Sanitation, 75.00 Disposal/Recycling Fees; Cleanwright Services, 450.00 Rep/Maint; Cody Hotline School, 530.00 Schools/Conf; Colorado General Equipment Co., 60.57 Equip; Comm Source, Inc., 174.63 Equip Rep; Contractors Materials, 345.00 Sup; Copier Connection, Inc., 69.00 Rep/Maint; Crescent Electric Supply Co., 5,136.25 Sup; Culligan Water Conditioning, 64.20 Rental; Dale’s Tire and Retreading, 44.00 Rep/Maint; Decals Unlimited, 357.00 Sup; Diane Downer, 23.78 Schools/Conf; Ecolab Pest Elimination, 172.00 Svcs; Ellen Equipment, LLC, 79.05 Equip Rep; J. G. Elliott Insurance Center, 85.00 Ins; Enviro Service Inc., 779.00 Lab Work; Farm Plan, 97.32 Rep/Operating Sup; Fastenal Co., 691.67 Equip; Fedex, 86.37 Postage; Floyd’s Sales & Service, Inc., 61.53 Maint; Fort Dearborn Life Ins., Co., 103.20 Employee Ins; Foundation Cross-Connection, 120.00 Dues/Manual; Fyr-Tek, 500.00 Equip; The Gale Group, 214.10 Books; Gary’s Cleaning & Restoration, 9,313.16 Rep/Maint; Gaylord Brothers, 162.64 Books; Gering Courier, 742.13, Adv; Gering Glass, Inc., 51.62 Sup/Maint; Gering Valley Plumbing & Htg., 1,255.34 Building Rep & Maint; Larry Gion, 50.00 Schools/Conf; Grice Industries, Inc., 676.00 Oper Sup; Harding, Schultz & Downs, 6,828.07 Attorney Fees; Hawkins Water Treatment, 1,908.74 Sup; Heilbrun, 776.01 Sup; Hollingsworth Associates, Inc., 1,650.00 Engineering; Hughes Supply Inc., 131.95 Rep/Maint; Ideal Linen Supply, Inc., 970.76 Sup; Independent Plumbing & Heating, 280.70 Sup/Rep/Maint; Information Transform, Inc., 99.00 Rep/Maint; Ingram Library Services, 1,270.22 Books; Inland Truck Parts Co., 10.42 Rep/Maint; Jirdon Agri Chemicals, Inc., 342.81 Sup; Johnsen Corrosion Engineering, 526.98 Water Tank Maint; L. L. Johnson Distributing Co., 685.26 Sup; Jack Keller, 112.00 Schools/Conf; Kent News Company LLC, 125.28 Books; Kovarik, Ellison, Mathis, Weimer, 1,408.00 Attorney Fees; Harold Kraft, 125.00 Tree Rebate; Kriz-Davis Co., 3,764.19 Sup; De Lage Landen Financial Serv, 275.10 Office Sup; Darren & Darci Larsen, 100.00 Tree Rebate; Lincoln Journal Star, 262.82 Adv; Linweld, 49.35 Sup; The Lot, 22.74 Maint; Meat Shoppe, 21,797.52 Catering Costs; Municipal Energy Agency of NE 187,650.05 Energy – Power; Municipal Supply, Inc. of NE, 13,126.02 Repairs-Water; National Pen Corporation, 241.04 Sup; NE Department of Revenue, 32,210.09 Sales Tax; Nebraska Machinery Company, 805.96 Sup/Maint; Nebraska Public Power District, 23.76 Utilities; Newman Traffic Signs, 128.53 Sup; Northwest Pipe Fittings, Inc., 37.71 Sup; OK Tire Stores, 13.96 Rep/Sup; Omaha World Herald, 753.99 Adv; Oriental Trading Co., Inc., 211.95 Sup; Domingo Palomo, 112.00 Schools/Conf; Panhandle Concrete Prod., Inc., 3,004.00 Operating Sup; Panhandle Coop Assn, 4,869.90 Fuel; Pegler-Sysco Food Services Co., 125.15 Oper Exp; Performance Automotive Co., 179.99 Sup; William C. Peters, 1,811.25 Attorney Fees; Powerplan, 336.12 Rep/Maint; Recorded Books, LLC, 203.04 Books; M. C. Schaff & Associates, Inc., 6,421.85 Engineering; Scotts Bluff County Court, 177.00 Filing Fees/Court Costs; SCB Ford Lincoln Mercury-Toyota, 203.88 Maint/Sup; Scottsbluff Screenprinting, 370.00 Sup; Scottsbluff Winnelson Co., 636.14 Maint/Sup; Sherwin Williams, 7,182.50 Traffic Control Sup; Cory Shifflett, 100.00 Tree Rebate; Leland Sieb, 858.00 Engineer’s Fees; David Simpson, 28.66 Final Bill Refund; Simon Contractors, 18,336.00 Street Maint & Improvement; Sirchie Finger Print Lab, 51.72 Sup; Solomon Corporation, 1,200.00 Engineering; Spic and Span Cleaners, 274.64 Fertilizer & Chemicals; Sprint, 28.31 Telephone; Sprint – United Telephone, 5,236.02 Telephone; Sprint Yellow Pages, 43.53 Adv; Staples Credit Plan, 255.92 Sup; Star-Herald, 381.72 Adv; Stuthman Equipment Co., Inc., 695.28 Water Main Rep; Sunmart Foods, 31.86 Sup; Swank Motion Pictures, Inc., 906.25 Entertainment Costs; Tom Tarr, 145.00 Rep/Maint; Taste of Home, 23.98 Subsc; Robert Thomason, 231.80 Refund; Skip Thompson, 23.00 Tree Rebate; Torrington Telegram, 138.00 Adv; Unique Books, Inc., 15.91 Books; U.S. Bank, 29.00 Office Sup; Van Diest Supply Co., 720.80 Fertilizer/Chemicals; Village Garden Center, 638.94 RV Park Sup; Walmart Community, 366.69 Sup; Western Pathology Consultants, 77.50 Svcs; Western Trail Sports Post, 122.00 Sup. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke Doll and McFarland. “NAY”: None. Absent: None.
Mayor Lehl declared the meeting adjourned at 8:14 p.m.
/s/Starr Lehl, Mayor
ATTEST:
/s/Pamela K. Richter, City Clerk